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The bar associations had asked city lawyers not to represent the five accused, stating that legal aid counsels provided by the state should represent them to complete the formalities of a trial.
But Manoharlal Sharma says he enjoys “fighting impossible cases”. And for a fair trial, the legal system should “also ensure that an experienced and committed lawyer is handling the case”.
While he welcomes the legal aid system, Sharma points to the work pressure on legal aid counsels. “This matter needs thorough investigation and application of mind. Legal aid counsels are often overworked and are young lawyers,” says Sharma who claims that “any airtight case is usually a manipulated case”.
With over 30 years of legal experience in criminal, civil and constitutional law, Sharma is no stranger to controversial cases. In early 2012, he was admonished for “wasting the court’s time” and fined Rs 50,000 for filing a PIL which suggested conflict of interest by the then Chief Justice of India S H Kapadia in the Vodafone tax case. Last September, Sharma also filed a PIL challenging the Centre’s decision to allow FDI in multi-brand retail.
On Monday, Sharma showed up at the court during the hearing of the gangrape case. He later told Newsline he had met Ram Singh, one of the accused at Tihar Jail, and will represent “at least two” accused in the case.
Advocate Vinod Kumar Anand, who has over 27 years of experience as a criminal law lawyer, also appeared before the court on Monday with an application to be allowed to “volunteer as amicus curiae” in the matter.
Asked about the hostile reaction of other lawyers and the general public to his suggestion, Anand said fair trial required that the accused be given full opportunity to present their case.
“I understand the sentiments of the public and the bar but the question is that we are duty-bound under the process of law. Everyone has the right to be represented,” Anand said. He specialises in defending persons accused of heinous crimes and boasts of “high rate of acquittals” in the cases he handles.
After the court told him to “approach the accused directly”, Anand said he plans to meet the five accused on Tuesday morning and, if needed, volunteer his services.
I guess defending the case by such an experienced lawyer will definitely allow everyone to know the present loopholes in rape law. As everyone know the accused are guilty , so any possible defences using IPC clauses by Mr. Sharma should be given sufficient focus and amended if it gives some undue advantage to guilty in such crime for future crimes. There is high possibility that any other future incident will gain such attention and support by Aam aadmi. So definitely a good opportunity to strenthen the laws.
Defending any criminal with solid evidences by making encash is up to a lawyer or up to a judge who is illegally concluding that process which is called in no way a legal process of cause and reason.
I denounce the decision of bar association.It shows that the majority of members are unfit to be known as lawyers but people without any order in their mindset.
Here in this particular regard of a most diabolic criminal act of some barbarian's perversion must not to be defended by any lawyer as and when it is christal cleared of a rape and murder inside a public career. For which a new amendment of existing law is being introduced for a capital punishment than the old existing stringent law against rape which is to be deterrent to control such heinous rape and murder in future courses of law and order to be inflicted on to the perpetrator and not to glorifying the defender lawyers in this special rape and murder case and the existing law should be amended in accordance with the legislation being made by the Govt., for not appearing for the favour of the criminal accused in India to give justice to the arm aadmi.
"By not allowing legal representation to the accused, no one is serving the cause of legal process and swift justice" Serving the cause of legal process/allowing legal representation is different from defending these human garbage.There crime is proven beyond doubt as they have already confessed.Love fighting impossible cases ??? So every henious crime is just another case for them, cant they see beyond as to the change this could bring ??????
As a fellow lawyer, i agree that the purpose of speedy justice in crimes against women, which has been the main demand of all informed citizens in the wake of this gruesome crime, would be defeated if the lawyers themselves join this unfortunate boycott. By not allowing legal representation to the accused, no one is serving the cause of legal process and swift justice. On the other hand though, any opportunism or tendency to encash on the hype around this unfortunate incident displayed by some lawyers should also be deplored.
